Though malignant mesothelioma is the deadliest asbestos-related disease, it is far from the only one. Asbestosis, asbestos-related lung cancer, COPD, and many other malignancies have been attributed to inhalation or ingestion of the carcinogen. Paul M. Moutal blames his lung cancer on exposure to asbestos in Goodyear floor tiles that he cut and installed during his years working as a handyman. Though Goodyear attempted to have the case against them dismissed, a New York judge denied the company’s petition for summary judgment.
Mesothelioma and Lung Cancer Lawsuits Center on Failure to Warn
Mesothelioma victims and others sickened by asbestos-contaminated products are eligible to file personal injury claims against manufacturers that knew of asbestos’ dangers but failed to provide warnings. Mr. Moutal’s case centers on the floor tiles that he worked with as a handyman from 1969 to 1975 and then afterward as a laborer and carpenter through 1978. He recalled cutting, heating, and cracking floor tiles, which created debris and dust that he inhaled. It wasn’t until the early 1990s that he learned of the dangers of asbestos in tiles and began wearing a protective mask.
After being diagnosed with lung cancer, Mr. Moutal filed suit against Goodyear and other asbestos companies. As often happens in mesothelioma lawsuits and other asbestos-related claims, the floor tile manufacturer filed a motion for summary judgment. They asked for the case to be dismissed, arguing that he could not establish that Goodyear’s tiles that he’d worked with had contained asbestos, or even that he’d worked with a Goodyear-branded floor tile.
Summary Judgment Requires Sufficient Evidence to Demonstrate Absence of Material Fact
Judge Adam Silvera of the Supreme Court of New York denied Goodyear’s request to dismiss the case, noting that the company had failed to provide enough evidence to demonstrate the absence of material facts in the case. He noted that when a victim of mesothelioma or another asbestos-related disease files a claim, defendants cannot have the case dismissed simply by arguing that the plaintiff’s proof is insufficient. The only way that a case can be dismissed is if the defendant provides evidence that their product absolutely could not have caused the illness.
In this case, Goodyear argued that there was no evidence to suggest that the floor tiles contained asbestos, but the victim testified otherwise. Since Goodyear failed to provide proof that the only floor tile that Mr. Moutal had worked with was a non-asbestos tile, the case will proceed for a jury to hear and decide.
If you or someone you love has been diagnosed with malignant mesothelioma or another asbestos-related disease, you need an experienced, knowledgeable team working on your behalf. For information on how the Patient Advocates at Mesothelioma.net can help, contact us today at 1-800-692-8608.
